What are “Grandparents’ Rights”? How Can They Be Enforced?

Grandparents have limited legal rights to visit their grandchildren. The legislature has created opportunities for grandparents to be granted a legal right to be part of their grandchildren’s lives. Generally, the more resistant a parent is, the less likely a grandparent will exercise these rights. The Rancho Cucamonga grandparents’ rights Law Office of Taylor B. Warner, APLC helps clients with this issue. We will discuss the legal framework of grandparents’ rights, how they can be exercised, and their limits.

The Rancho Cucamonga grandparents’ rights Law Office of Taylor B. Warner, APLC’s Rancho Cucamonga grandparents’ rights lawyers will protect your rights, whether you’re a parent or grandparent, and work toward the best outcome for you and your family. Call Taylor B. Warner today at (909) 466-5575 or complete our contact form to schedule an initial consultation and to get the legal representation you need.

Grandparent’s Visitation Rights by the Book

That book is California’s statutes, especially the one covering this issue.

(a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following:

(1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child.

(2) Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.

This section shows some very important family law basics. The first is that the “best interests of the child” is the foundation of legal decisions regarding custody and visitation matters. What a parent or grandparent wants or doesn’t want is part of the mix, but the key issue is the child’s “best interests.”

Another important element of family law is that courts balance many interests. A judge must consider what’s best for the child (which is paramount) and the competing interests of others. Family law isn’t a formula. There’s no mathematical precision in these cases.

“Reasonable” is a word used across the legal spectrum of issues. The judge doesn’t need to find the perfect outcome. There can be “wiggle room” to decide what visitation rights are “reasonable.” If what’s ordered does not work after the court makes the order, the impacted party can ask that the order be changed.

How the Parents’ Marriage Impacts Grandparents’ Rights

The legislature has decided that grandparents may have no visitation rights with a grandchild while their parents are married, with some exceptions:

(b) A petition for visitation under this section shall not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist:

(1) The parents live separately and apart on a permanent or indefinite basis.

(2) One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.

(3) One of the parents joins in the petition with the grandparents.

(4) The child is not residing with either parent.

(5) The child has been adopted by a stepparent.

(6) One of the parents is incarcerated or involuntarily institutionalized.

If you’re a grandparent, you want court-ordered visitation, and none of these apply, your legal petition will be dismissed. As you can see from these situations, the legislature recognizes how important a grandparent can be to a child facing challenges and they want grandparents to have a chance at helping them. But with limits. The legislature also puts parents largely in control of the situation when these situations no longer apply:

At any time that a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation and the court shall grant the termination.

The legislature is opening up a door to grandparents, but if the child’s life changes, it can close.

Contact a Rancho Cucamonga Grandparents’ Rights Attorney Today

Whether you’re a parent disputing a grandparent’s right to visit your child, or a grandparent seeking to keep a connection to your grandchild, your ability to reach your goals depends on the evidence, the applicable law, and how well your Rancho Cucamonga grandparents’ rights attorney can present your case. The legislature has largely dealt the better cards to the parents, but that doesn’t mean that in the right situations a grandparent won’t have a winning hand. You may be able to negotiate an acceptable arrangement, possibly with the help of a mediator.

Reach out to the Rancho Cucamonga grandparents’ rights Law Office of Taylor B. Warner today to discuss your concerns. Call a Rancho Cucamonga grandparents’ rights lawyer at 909-466-5575 or fill out our confidential online contact form to schedule a consultation so we can talk about your goals, potential obstacles, and the most feasible ways around them.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.